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Supreme Court Rules

Section/Rule:43.01
Subject: Rule 43 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Service and Filing of Pleadings and Papers Publication / Adopted Date:February 1, 1972
Topic:Service of Pleadings and Other PapersRevised / Effective Date:July 1, 2012


43.01. Service of Pleadings and Other Papers

(a) Service - When Required. Each party shall be served with:

No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons.

(b) Service - On Whom. Whenever under these rules or any of the statutes of this state service is required or permitted to be made upon a party represented by an attorney of record, the service shall be made upon the attorney, unless the court orders service upon the party. When more than one attorney represents a party, service may be made upon any such attorney. If an attorney has filed an entry of limited appearance for an otherwise self-represented person, service shall be made on: (c) Service - How and by Whom Made. Attorneys and self-represented parties shall state in the signature blocks of their pleadings their current mailing addresses, telephone numbers, facsimile numbers, electronic addresses, and Missouri bar numbers, if any. This information shall be kept current at all times. Service may be directed to any of these addresses.

Unless otherwise ordered by the court, service required by Rules 43.01(a) and 43.01(b) may be made in the following manner:

(d) Service - When Complete. Personal service on attorneys and self-represented parties and service by leaving a copy at the attorney’s office is complete upon delivery.

Service by mail is complete upon mailing.

Service by facsimile transmission or electronic mail is complete upon transmission, except that a transmission made on a Saturday, Sunday, or legal holiday, or after 5:00 p.m. shall be complete on the next day that is not a Saturday, Sunday, or legal holiday.

(e) Service - How Shown. Service may be shown by acknowledgment of receipt or by written certificate of the person making such service. Certificates of service shall state the:

(f) Service - Numerous Defendants. If there are unusually large numbers of defendants in an action, the court, upon motion or of its own initiative, may order that:

(g) Service - Time for - When No Time Specified. When provision is made for the time of filing papers and none is made for the time of service thereof, copies shall be served on the day of filing or as soon thereafter as can be done.

(h) Service of Orders, Judgments and Other Documents. Any order, judgment or other document issued by the court may be transmitted to the attorney or party as authorized in Rule 43.01(c), provided service pursuant to Rule 54 is not required. Such documents may be transmitted to non-parties in the same manner as is authorized for service upon an attorney.

(Adopted February 1, 1972, eff. Sept. 1, 1972. Amended Jan. 19, 1973, eff. Sept. 1, 1973; May 22, 1987, eff. Jan. 1, 1988; July 31, 1990, eff. July 1, 1990; June 1, 1993, eff. Jan. 1, 1994; Sept. 28, 1993, eff. Jan. 1, 1994; April 23, 1996, eff. Jan. 1, 1997; June 21, 2005, eff. Jan. 1, 2006; Dec. 21, 2007, eff. July 1, 2008. Amended June 23, 2008, eff. Jan. 1, 2009; Dec. 22, 2009, eff. July 1, 2010; Dec. 16, 2011, eff. July 1, 2012.)

COMMITTEE NOTE - 1974